Le Clos
Retail Service Terms
Please read these Retail Service Terms and Conditions (“Retail Service Terms”) carefully before accessing or using the Retail Services (defined below) and purchasing or offering to purchase any Retail Services or Retail Products. By accessing or using the Retail Services, you agree to the Retail Service Terms and all the policies referenced within herein.
Whilst these sets of terms together constitute a legal agreement with you, we have tried to write it in a way that is clear, transparent, and easy to follow. To assist with this, we have included annotations in the blue boxes in the various sections to emphasize the key points of these Retail Service Terms and to help guide you as you read them. However, please note that these annotations are not intended to be full summaries, so please take the time to read everything carefully. If there is anything you are not sure about, please feel free to get in touch with us at info@leclos.net.
If you do not agree to be bound by these Retail Service Terms you may not access or use the Retail Services, or purchase any of the Retail Services or Retail Products. By accessing and/or using the Retail Services, you agree you will be deemed bound by these Retail Terms.
01 – Definitions
1. Definitions. Please note that all undefined capitalized terms used in these Retail Service Terms shall have the meaning ascribed to them under the General Terms.
> **In short: For convenience, we use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use them.**
1.1. “Agreement” means the General Terms, and any other sets of terms or policies applicable to the Services you avail, the Products you buy, or that govern your use and access of the Website, including your User Account.
1.2. “Retail Services” means the Services offered by Le Clos through the Website or through Personalized Services, which relate to the purchasing, or agreement to purchase, the available Retail Products, as well as your physical collection of already-purchased Retail Products.
1.3. “Retail Products” means wines, spirits, other beverages and accessories available for purchase by Users through Retail Services.
02 – Applicable Terms and Your Consent
2. Applicable Terms and Your Consent
> **In short: By using or accessing the Retail Services, you accept and agree that you will comply with all applicable Retail Service Terms. Please note that you may only purchase Retail Products if you are at least the age eligible to purchase alcohol in the United Arab Emirates and are legally permitted to do so. Also, the Retail Products you purchase are for your personal consumption only, and may not be used for any commercial purpose.**
2.1. By accessing or using the Retail Services or purchasing or offering to purchase Retail Products through the Website, you confirm that you accept and agree that you will comply with these Retail Service Terms, the policies referred to within these Retail Service Terms. If you do not agree to any terms or policies that govern the areas of the Website, Services, and/or Products you are availing, you should immediately cease from accessing these pages or areas of the Website. You must not use any of the Retail Services or purchase or offer to purchase any Retail Products if you do not agree to be bound by these Retail Service Terms and the General Terms.
2.2. To use the Retail Services, or purchase or offer to purchase any Retail Products, you must also be:
2.2.1. At least the age eligible to purchase alcohol in the United Arab Emirates, and
2.2.2. Lawfully permitted to purchase the Retail Products you are selecting.
2.3. Please note that Retail Products may only be purchased for your personal consumption and not for any commercial purposes. Accordingly, you represent and warrant that you are only purchasing or offering to purchase Retail Products:
2.3.1. For your personal consumption/a non-commercial purpose, and
2.3.2. Not on behalf of any other person, especially if by doing so you would be assisting someone who is not lawfully permitted to do so.
2.4. Pursuant to Clause 2.3, you agree to indemnify, on demand, the Le Clos Parties for any breach of any representation and warranty set out in this Clause 2.3. This Clause 2.3 shall survive any expiry or termination of the Agreement in perpetuity.
03 – Purchase of Retail Products
3. Purchase of Retail Products
> **In short: You may purchase Retail Products through the Website by adding your desired Retail Products to the cart and checking out by following the prompts on the Website.**
3.1. If you place an order for Retail Products on the Website, please select the Retail Product(s) you wish to purchase, add them to your cart, and then complete the checkout process. During the order process, please provide details including your arrival or departure date, flight details, and payment details. All fields indicated as compulsory must be completed. We will then send you an email confirming receipt of your order, the details of your order, and the collection details. In the event your order is unsuccessful, we will send you an email providing you with details regarding the failed order, if applicable.
3.2. If you place an order for Retail Products through Personalized Services, your Private Client Manager will issue you a pro-forma invoice setting out payment details and requirements. After you make the required payment in accordance with the terms set out in the pro-forma invoice, either your Private Client Manager or other members of our team will coordinate with you for your collection of your Retail Products
3.3. By placing an order for Retail Products through our Website or making payment against a pro-forma invoice issued to you by your Private Client Manager, you are confirming that you intend to enter into a contract with us for the purchase of those Retail Products. Please note that there are cases when an order cannot be processed for various reasons. We reserve the right to refuse or cancel any order for any reason at any time. You may be asked to provide additional verifications or information, including but not limited to date of birth, phone number, address, and/or government issued identification before we accept the order. Any personal information that you provide to us will be managed by us in accordance with the Data Privacy Policy, a copy of which is located at https://enprimeur.leclos.net/privacy-policy/.
3.4. If we cannot supply you with the Retail Products you ordered for whatever reason, we will not process your order and will inform you of this. If you have already paid for Retail Products, we will provide you with a refund (less any bank charges and foreign exchange fees) as soon as reasonably possible.
3.5. Once an order is accepted by us, you may collect your purchased Retail Products from the collection locations at airports in Dubai, United Arab Emirates or other locations as may be updated from time to time. For details, please see Collection Points in “How to buy” section on the homepage.
3.6. Please note that we may offer delivery services, please review our Retail Delivery Policy for details.
3.7. Once your order is placed, please note that we require at least 8 hours from you placing your order to prepare your Retail Products for collection. We cannot guarantee that if you arrive for collection of your order less than 8 hours after you placed the order, that it will be available for collection. In the event that your order is not available for collection more than 8 hours after you placed it, we will provide you with a refund (less any bank charges and foreign exchange fees) as soon as reasonably possible, except where the circumstances are beyond our reasonable control.
3.8. If for any reason or circumstances beyond our control, we are unable to supply or make a particular Retail Product available for collection or otherwise fulfil your order, we will endeavor to notify you as soon as possible. As all Retail Products are available on a first come, first served basis, we shall be not liable if we are unable to fulfil your order due to a lack of supply a particular Retail Product. You will not be charged (or you may be refunded if applicable) should stocks of your selected Retail Product be unavailable at your time of collection. In such case, we will offer you a recommended or similar alternative choice if one is available. If the suggested substitute Retail Product for your out of stock ordered item is not acceptable, and you have been charged already, we will provide you with a refund for these items. If you would like to accept the substitute Retail Product and the price of such substitute is greater than the amount you have already paid, you will be required to pay the difference.
3.9. Suppliers may change bottle type, size, vintage, and labelling at any point with or without prior notice to us. Whilst we endeavor to ensure all images are correct and up to date on the Website and the Retail Services, we cannot guarantee that Retail Products you order will always match the imaging and details of the bottle type, size, vintage, and labelling shown of the Website at any given time, if such Retail Products have been changed in any of these ways by the suppliers without us receiving prior notification.
04 – Payment Terms
4. Payment Terms
> **In short: You may pay for your Retail Products using Visa, Mastercard, Visa Debit, Visa Electron and Maestro/Switch, American Express, or Union Pay (debit or credit cards).**
4.1. Payments may be effected through Cash, Visa, Mastercard, Visa Debit, Visa Electron and Maestro/Switch, American Express, Ali Pay and Union Pay (debit or credit cards) and must be effected either on the Website, through Personalized Services as directed by your Private Client Manager, or during the time of collection.
4.2. You may be required to give us authority for payment at the time of placing your order and all card holders will be subject to validation checks and authorization by the card issuer. We will not make any Retail Products available for collection prior to these checks and authorizations being completed. If your card issuer refuses to authorize payment to us, we cannot accept your order, and will not be liable or responsible for any delay in making Retail Products available for collection. We may offer payment by way of a bank transfer, please contact us at info@leclos.net in case you would like to explore this option.
4.3. Further, you hereby confirm, acknowledge and agree that:
4.3.1. The credit/debit card that you use is yours or that you have been authorized by the owner of the credit/debit card to use it.
4.3.2. Credit/debit card holders may be subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay in making Retail Products available for collection.
4.3.3. If your payment and/or registration information is not accurate, current, and complete, or you fail to notify us promptly when any such information changes, we may be unable to provide you any Retail Services.
4.3.4. At any time, and for any reason, we may provide a refund, discount, or other discretionary consideration to some or all customers. The amount and form of such credits, and the decision to provide them, is always at our discretion; and the provision of any credit does not give rise to any right to receive another form of discretionary credit in the future.
4.3.5. If you believe a payment shown on your billing statement or receipt is wrong, or if you need more information about a payment listed, you must notify us at info@leclos.net no later than 15 days after we issue the receipt on which the problem or error appeared.
4.4. By purchasing any Retail Product, you confirm that you have read, acknowledged, agreed, and accepted the terms of service, privacy policy, and other terms and policies of the third-party payment service providers used in providing our Retail Services. We reserve the right to change our third-party payment service providers from time to time, with or without notice to you.
4.5. We understand that your plans may change. Accordingly, if you would like to cancel any order you have made for Retail Products, you may do so through the Website, by contacting your Private Client Manager, or by emailing us at info@leclos.net any time prior to collection. In such case, we will provide you with a refund (less any bank charges and foreign exchange fees) as soon as reasonably possible.
05 – Collection of Purchased Retail Products
5. Collection of Purchased Retail Products
> **In short: All purchased Retail Products will be available for collection at the selected pick-up point in our stalls located in notified collection points.**
5.1. All purchased Retail Products may only be collected from the collection locations at airports in Dubai, United Arab Emirates, or other locations as may be updated from time to time. For details, please see Collection Points in “How to buy” section on the homepage.
5.2. When placing your order either through the Website or through Personalized Services, you will be required to provide your flight details and desired collection stall or pick-up point. We will track your flight and have your Retail Products ready at the selected pick-up point when you arrive at the airport, please see Collection Points in “How to buy” section on the homepage.
5.3. Please note that if such details are incorrect, your Retail Products may be unavailable for pick-up at your desired time and/or pick-up point. We do not assume any responsibility or liability for any damages or losses you may incur due to the provision of incorrect information submitted during the ordering process. If you have inserted any incorrect information, or your flight details change due to unforeseen circumstances, please contact your Private Client Manager or email us immediately upon becoming aware of this at info@leclos.net. While we cannot guarantee that we will update the information in time, we will endeavor to do so.
5.4. In the event your flight is cancelled or delayed, or you are unable to collect your Retail Products due to incorrect flight details, you may either request a refund or request for collection at a later time (which will be subject to our sole and absolute discretion) by contacting your Private Client Manager or emailing us at info@leclos.net. Any request for rescheduled collection must be for a date within 30 calendar days from your original scheduled collection date. If you cannot or do not collect your Retail Products within such 30-day period, we will automatically cancel your order and process a refund to your original payment method, less any applicable bank charges and foreign exchange fees.
5.5. In the rare event that your purchased Retail Product is unavailable for collection, or the purchased Retail Product is damaged when you collect it, for a reason not attributable to you, we will provide you with a refund as soon as reasonably possible.
5.6. In collecting your purchased Retail Products, you must present us with valid government-issued documentation to verify your identity as the purchaser of the Retail Products when placing the order, along with an electronic or paper copy of your order confirmation slip, failing which, your order may be cancelled if we cannot verify you as the legitimate purchaser.
5.7. In certain circumstances, we may permit you to nominate another individual to collect your purchased Retail Products on your behalf (“Nominee”). All Nominees must be:
5.7.1. At least the age eligible to purchase alcohol in the United Arab Emirates, and
5.7.2. Lawfully permitted to purchase the selected Retail Products in the jurisdiction where collection and/or payment are made.
5.8. If you intend to appoint a Nominee, you must provide us with true, complete, and accurate details of the Nominee during the ordering process. In doing so, you represent and warrant that you have the Nominee’s permission to provide their personal information and you expressly acknowledge and agree we shall not be responsible nor liable for any actions or omissions committed by your Nominee.
5.9. Title and risk in the Retail Products you order (including risk of loss and/or damage to the Retail Products) shall be passed to you when they are collected from the pick-up point.
5.10. You acknowledge and agree that if, for any reason, either you or your Nominee are determined to be ineligible to purchase the selected Retail Products we reserve the right to refuse your collection of your purchased Retail Products. Such circumstances include, but are not limited to, us being unable to verify your or your Nominee’s identity, or where you have breached any term, representation or warranty in the Agreement. Provided this is not due to misrepresentation or falsely provided information by you, we will provide you with a refund for your order.
5.11. Please note that the maximum amount of alcohol you may carry into the United Arab Emirates or out of the United Arab Emirates is prescribed by applicable law and it is your responsibility to ensure you do not exceed any limit. We are not responsible for nor liable for any breaches of such maximum limit by you, and we may, on a case by case basis and in our discretion, provide you with a refund, should you be required to return any Retail Products on account of such breach.
06 – Returns and Refunds
6. Returns and Refunds
> **In short: We will process returns and refunds for damaged or faulty Retail Products on a case-to-case basis, and in accordance with applicable law. If eligible, we will refund you through your original payment method (or provide you with a credit for future purchases at our election).**
> **Please note that if you have requested for any special engraving or customization on Retail Products, these Retail Products may not be returnable and no refunds will be processed, except in very limited circumstances.**
6.1. Engraved Retail Products. Due to the personalized nature of the Retail Service involving engraving of Retail Products, no refund or exchange can be offered, unless there has been an error on our part. Please double-check your engraving related information for accuracy when you enter it on the Website.
6.2. Damaged or faulty Retail Products. We will provide a refund on the rare occasions a breakage occurs for Retail Products at or prior to collection.
6.3. Faulty Retail Products. In the event you believe any Retail Product you have collected is faulty, you must notify us within 7 business days from collecting. Beyond such time frame, you must provide proof that it has been stored properly and give the bottle back to MMI head office for further evaluations. Once we assess the Retail Products you have returned and we determine, using our reasonable discretion, that such Retail Products are faulty, we will provide you with a refund (less any bank charges and foreign exchange fees) as soon as reasonably possible. We neither guarantee nor warrant taste or drinkability of any Retail Products. Please note that if you purchased more than one Retail Product from the same vintage you consider faulty upon opening one bottle, you must keep the remaining bottles intact and in their original packaging until we inform you whether or not we require you to return them to us. We reserve the right to charge you for any additional bottles opened by you.
6.4. We endeavor to provide all Retail Products in good condition. We cannot accept responsibility for deterioration caused by storage, transport or handling and storage after purchase. Wines over 10 years of age are sold as seen and, due to the natural variation associated with bottle ageing, are not guaranteed and will be considered for return or compensation solely at our discretion.
6.5. Notwithstanding anything else in the Agreement, any and all refunds will be made at the original purchase price and will be effected only through the original mode of payment.
07 – Staggered Purchases
7. Staggered Purchases
> **In short: We may offer you the option to purchase or order Retail Products for collection on different dates. The maximum amount of Retail Products which can remain uncollected at any time is 16 liters. Also, all uncollected Retail Products are subject to a lien in favour of us, which means that in case any of the limits are exceeded, or if required by applicable law, we are permitted to dispose of all uncollected Retail Products.**
7.1. We may offer you the ability to purchase or order Retail Products for staggered collection. This means that you may be permitted to place orders for collection on different dates, subject to applicable law and the following terms:
7.1.1. At any given time, the maximum amount of uncollected ordered/purchased Retail Products may be 16 liters.
7.1.2. Ordered or purchased Retail Products may remain uncollected for up to (i) 30 calendar days, or (ii) the maximum time permitted by applicable law, whichever is earlier.
7.1.3. Your purchases or orders may be subject to additional storage charges as may be notified by us.
7.2. Please note that all uncollected ordered/purchased Retail Products will remain subject to a lien in favor of us until collected by you.
7.3. In the event that any of the terms or limits set out in Clause 7.1 are breached or if required by applicable law, we reserve the right to sell or otherwise dispose of part or all of your ordered/purchased uncollected Retail Products.
7.4. In the event we exercise our rights set out in Clause 7.3 above, the relevant order corresponding to the uncollected Retail Products shall be deemed cancelled, any amounts paid by you in respect of such uncollected Retail Products shall be refunded (less any applicable bank charges and foreign exchange fees), and such uncollected Retail Products shall be returned to our available stock. You agree and acknowledge that you shall have no right, title or interest in such uncollected Retail Products, and we shall have no further obligation to hold or reserve such uncollected Retail Products for you following cancellation.
7.5. You irrevocably authorize us in perpetuity, to act as your agent to sell the ordered/purchased uncollected Retail Products in accordance with Clause 7.3 above and you further agree that ownership of the uncollected Retail Products will be transferred to us or to a purchaser pursuant to Clause 7.3.
7.6. Further, notwithstanding anything else in the Agreement, you expressly unconditionally and irrevocable release the Le Clos Parties from all claims and demands whatsoever under or in connection with any sale or disposal undertaken by us pursuant to this Clause 7.
7.7. Notwithstanding anything else in this Clause 7, we may at any time require collection of uncollected Retail Products within 14 calendar days from the date of written notice to you.
08 – Newsletter
8. Newsletter
> **In short: In addition to our Retail Services, we may also send out newsletters on various topics, which may interest you. You are free to subscribe to the Newsletters by filling out the relevant details on the Website. If you ever want to unsubscribe, please feel free to do so by clicking “Unsubscribe” at the bottom of the relevant emails.**
8.1. We may offer newsletters (“Newsletters”), which you may subscribe to by submitting your name, email address, and other details on our Website. By providing us with this information, you consent to us using your email address to send you Newsletters. We may also use your email address to send you other messages, such as changes to features of the Website and special offers, or promotions.
8.2. If at any time you would prefer to stop receiving our Newsletters, you may unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or sending an email to info@leclos.net.
8.3. Please note that while we will strive to process your request to unsubscribe to the Newsletters as quickly as possible.